Austin ISD policy prevents parents from seeing video of alleged crimes against kids  ...0

Investigative Summary:

Across Texas, some school districts are using an exception in the state's Public Information Act as grounds to not allow parents to view video of suspected crimes against their kids, despite state laws giving them special access. KXAN investigates as an Austin family fights to view records of their child amid a felony investigation into his former teacher.

AUSTIN (KXAN) – On Sept. 11, Diana Briggs' son was at home and she was at his elementary school looking for a video. The night before, her 6-year-old told her an upsetting story.

He said his first-grade teacher trapped him behind a classroom door at Margaret T. Reilly Elementary School and then pushed on it with his weight. Briggs said it lasted long enough that her son looked around the hallway for someone who might have seen them. She shared what her son told her with his school, and then the police.

“He looked really sad,” Briggs said. "I said, 'Hey, you're not going to school tomorrow. You don't have to worry about it. I'm going to go in and see what happened.'"

Briggs learned a school security camera recorded what took place, and at the urging of her principal, Briggs said she made a public information request to view the hallway footage. She did not know then it was just the beginning of a frustrating, monthslong battle to better understand what happened to her child.

Margaret T. Reilly Elementary School (KXAN Photo/Chris Nelson)

In the days after her request, Briggs said a district police officer told her the video would be ready once they redacted other children’s faces. The district’s open records division told her the video should be ready in a couple of days. She said administrators at the school repeatedly asked her if she had seen the video yet.

 “So, I keep thinking, 'OK, I am going to see it any day now,'" Briggs said.

But nearly a week later, Briggs got an email from the district, saying it was denying her request. In the message, the Executive Director of School Leadership told Briggs the district was “bound” by the law because of the ongoing investigation into her son’s teacher.

Records show Austin ISD’s legal counsel cited an exception to the state’s Public Information Act, giving governmental bodies the choice to withhold video and other evidence from the public if they believe it could interfere with an active investigation. The statute is often used when third parties, like journalists, request police records.

“How am I going to interfere with this investigation?” Briggs asked. “Do you understand it is part of the process of getting our son help? To be able to tell a mental health provider 'this is exactly what happened' because we saw it with our eyes.”

The district told Briggs, in an email, it was following an internal Austin ISD Police Department policy, which prevents them from releasing video during open investigations.

“The parents should be an exception to that. It makes no sense why we shouldn’t be. Our child was involved,” Briggs said.

Special right of access

KXAN reached out to more than 50 school districts in Central Texas about policies for parents viewing videos of suspected abuse against their students. Most school districts did not respond to our questions about their policies for inspecting videos related to a criminal investigation.

However, several school districts across Central Texas described similar policies of withholding videos and other records from parents at law enforcement’s request. Hays Independent School District officials said parents can view video of their own child, but if there is a criminal investigation the district would defer to the investigating agency and whether it wants the video to be released.

Officials with Flatonia ISD, Schulenberg ISD, Hutto ISD, Eanes ISD, Thorndale ISD, and Burnet ISD all explained during a criminal investigation, parents' access to video footage of their children might be delayed depending on law enforcement guidance or directives.

Education attorney Martin Cirkiel says parents are an exception under the Family Education Rights and Privacy Act and the Texas Public Information Act, which gives parents a “special right of access.”

“If I want information about you, I may not get it, but if I want information about myself or my kid, I’m supposed to get it under the Open Records Act anyway,” Cirkiel said. “Information where, once again, this is video of my child being abused.”

Austin ISD declined multiple interview requests from KXAN. After our questions, district officials said they reviewed the policy but do not plan to change it, at this time, because they believe the protocol preserves the integrity of investigations.

In a statement to KXAN, district officials said, "In the past, we have had families publicly release videos that are a part of an open investigation. When cases are judged in the court of public opinion, that can jeopardize how the case ultimately gets prosecuted."

"I was never trying to take the video home. I wanted to go and view it there," said Briggs. "They told us 'Once the investigation is over, you will be able to view the video.' Once it’s no longer an active investigation,” Briggs said.

In October, the Briggs family thought that time had finally come. The teacher at the center of the case, who resigned from the district later that month, was arrested on a charge of unlawful restraint of Briggs' son.

Detectives explained in the arrest affidavit, on video the teacher is seen “quickly and forcefully opening the door towards the wall ... while the student victim is standing in between the door and the wall.” The teacher, and his attorney, have not responded to a request for comment from KXAN.

“It’s not an active investigation anymore — allow me and my husband to come and view the video,” Briggs said, recalling how they again asked the district for access.

But once again, records show, the district denied their request. This time, because the case is pending prosecution. In response to the request, the district said it believed the video was still confidential under the same exception.  

Diana Briggs reads over public information requests to Austin ISD. (KXAN Photo/Chris Nelson)

“We are unsure of how long the case will be prosecuted for, but after the case is closed in court, you can make another request,” the district’s Open Records Division responded.

Records show that since Briggs sent her original request to view the video, the district’s legal counsel sent at least three letters to the Office of the Attorney General asking whether the district was right to withhold the video.

In response to the district’s initial letter, state attorneys said they would not issue an opinion because the district had not provided all the relevant information.

On Dec. 5, an employee with the AG’s office left a voicemail for Briggs explaining the agency’s decision to not rule on the matter, including a suggestion that she “follow up with the district and see whether they will release the information.” The AG’s office did not respond to our questions, and the case is still under review by the state’s attorneys.

A parents' right to know

More than one Texas lawmaker has filed legislation this session that could change how districts respond to parents seeking records on their children. Rep. Senfronia Thompson, D-Houston, filed House Bill 728 which would require school districts to respond faster once parents ask to view video of their student.

Sen. Bob Hall, R-Rockwall, also introduced legislation that would ensure school districts cannot withhold written or electronic student records from parents, including counseling and psychological records.

Diana Briggs standing outside Blackwell-Thurman Criminal Justice Center after a hearing in her son's case. (KXAN Photo/Kelly Wiley)

Nearly five months after Briggs' report, the criminal prosecution of the teacher's case is underway and the district is still not allowing her to watch the video at the center of the case.

“Multiple people have said 'Have you seen the video yet? Well, once you see it, you are going to have a lot of feelings.' ... OK, show it to me then,” Briggs said. “It should be something that they just want to provide to us to help us — to help this student.”

KXAN Digital Data Reporter Christopher Adams, Graphic Artist Wendy Gonzalez, Investigative Producer Dalton Huey, Director of Investigations & Innovation Josh Hinkle, Investigative Photojournalist Chris Nelson and Digital Director Kate Winkle contributed to this report.

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